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COMPILED CODE - Iowa Legislature - State of Iowa

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411<br />

Tit. XXIÎI, Ch. 12. CEMETERY FUNDS. § 6501.<br />

6 manage and-control same under the direction <strong>of</strong> the court ; but he shall<br />

7 not be authorized to receive any gift, except with the understanding<br />

8 that the principal sum is to remain and be a permanent fund, and<br />

9 only the net proceeds therefrom to be used in carrying out the pur-<br />

10 pose <strong>of</strong> the trust created, and all such funds shall be exempt from<br />

11 taxation so far as consistent with the regulations governing the asso-<br />

12 ciation owning or controlling the ground where the lot is located.<br />

13 Such petition may state the amount proposed to be placed in such<br />

14 trust fund, the manner <strong>of</strong> investment there<strong>of</strong>, and may make provi-<br />

15 sions for disposition <strong>of</strong> any surplus <strong>of</strong> income not required for the cur-<br />

16 rent care and upkeep <strong>of</strong> the property described in said petition, and<br />

17 for reasonable compensation <strong>of</strong> the trustee, all <strong>of</strong> which provisions<br />

18 must be approved by said court, and such fund and the trustee shall at<br />

19 all times be subject to the order and control <strong>of</strong> said court, and such<br />

20 surplus shall not be used except for charitable, eleemosynary or public<br />

21 purposes.<br />

[S., '13, § 254-a4; 39 G. A., ch. 276, § 1.]<br />

SEC. 6501. Taking property by gift or bequest—how administered—tax<br />

for maintenance <strong>of</strong> institutions so established.<br />

1 Counties, cities, towns, civil townships wholly outside <strong>of</strong> any city<br />

2 or incorporated town, and school corporations, are authorized to take<br />

3 and hold property, real and personal, derived by gifts and bequests;<br />

4 and to administer the same through their proper <strong>of</strong>ficers in pursuance<br />

5 <strong>of</strong> the terms <strong>of</strong> the gift or bequest ; and when made for the establish-<br />

6 ing <strong>of</strong> institutions <strong>of</strong> learning or benevolence, and there is no provi-<br />

7 sion made in the gift or bequest for the execution <strong>of</strong> the trust, the<br />

8 court having charge <strong>of</strong> the probate proceedings in the county shall<br />

9 appoint three trustees, residents <strong>of</strong> said county, who shall have charge<br />

10 and control <strong>of</strong> the same, and who shall continue to act until removed<br />

11 by the court. And they shall give bond as required in case <strong>of</strong> execu-<br />

12 tors, to be approved in the same manner as in case <strong>of</strong> executors' bonds,<br />

13 and said trustees shall be subject to the orders <strong>of</strong> said court.<br />

14 When any county, city, or town shall receive by gift or devise,<br />

15 property, real or personal, for the purpose <strong>of</strong> establishing any institu-<br />

16 tion <strong>of</strong> benevolence including hospitals, and no sufficient fund or en-<br />

17 dowment is provided for its maintenance, or when any such municipal-<br />

18 ity shall receive by gift or devise property, real or personal, for either<br />

19 <strong>of</strong> said purposes, upon condition that the donee or devisee provide for<br />

20 aiding the maintenance <strong>of</strong> such institution by a tax levy upon the<br />

21 assessed property <strong>of</strong> such municipality, as may be done under the pro-<br />

22 visions <strong>of</strong> this section, it shall be the duty <strong>of</strong> the governing board <strong>of</strong><br />

23 such municipality to submit by resolution to the qualified electors<br />

24 there<strong>of</strong> at a regular or special election the question whether there shall<br />

25 be levied upon the assessed property <strong>of</strong> such municipality an annual tax<br />

26 not exceeding three mills on the dollar for the purpose <strong>of</strong> aiding the<br />

27 maintenance <strong>of</strong> such institution.<br />

28 The said proposition shall be.submitted in the manner provided<br />

29 for similar propositions in the title on elections. If a majority <strong>of</strong> the<br />

30 votes cast at such election on the proposition so submitted shall be in<br />

31 favor <strong>of</strong> the proposition for taxation the governing board <strong>of</strong> such muni-<br />

32 cipality shall determine the amount to be levied for such purpose, not<br />

33 exceeding three mills on the dollar, and the amount so fixed shall be<br />

34 levied upon the assessed property <strong>of</strong> such municipality and collected in

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